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Title 5 Statement of Reasons

The following are changes proposed to Title 5 of the California Code of Regulations.

February 2, 2018​

Statement of Reasons for Amendment of
Title 5, California Code of Regulations, Sections 41906.5 and 41906.6

Existing law and regulation exempt an individual—other than current nonimmigrant visa holders—from paying nonresident tuition at the CSU if that person:

  • Attended high school in California for three or more years, or attended elementary and/or secondary schools in California for three or more years and attained academic credits from California high schools equivalent to three or more years of full-time coursework;
  • Graduated from a California high school or attained its equivalent;
  • Registered at, or attends, an accredited institution of higher education in California; and
  • Filed a California Nonresident Tuition Exemption Request and affidavit.

On January 1, 2018, Senate Bill 68, Public postsecondary education: exemption from nonresident tuition, went into effect. This legislation amends Section 68130.5 of the Education Code, relating to exemption from nonresident tuition. The amendment provides additional options of meeting the attendance and graduation requirements by:

  • Allowing time spent at California adult schools and California community colleges to count toward the attendance requirement; and
  • Allowing the attainment of an associate degree or fulfillment of the minimum CSU transfer requirements from a California community college to count toward the graduation requirement.

The proposed Title 5 amendment would bring the CSU regulations into alignment with the amended Education Code section, provide necessary campus guidance and clarification, and remove language that restates, without clarifying, portions of the Education Code section.

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